Patna High Court

Shivkali DeviversusThe State of Bihar

Decided: 12 January 2026
Disposal: DISPOSED
Bench: MOHIT KUMAR SHAH PRAVEEN KUMAR

Holding

The Court granted liberty to the petitioner to file a petition under Rule 12B and directed the Collector to dispose of it within the stipulated period.

Summary

Shivkali Devi filed a writ petition seeking de‑sealing and release of her house in Riga, Sitamarhi, which had been sealed after 74 litres of illicit liquor were seized under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The petitioner argued that confiscation proceedings were not yet initiated and requested liberty to file a petition under Rule 12B of the Bihar Prohibition and Excise (Amendment) Rules, 2022 before the Collector for release of the premises upon payment of a penalty. The State of Bihar raised no objection to this request. The High Court granted the petitioner liberty to file the Rule 12B petition within two weeks and directed the Collector to dispose of it with a reasoned order within four weeks. Accordingly, the writ petition was disposed on those terms.

Issues considered

Whether the petitioner is entitled to liberty to file a petition under Rule 12B of the Bihar Prohibition and Excise (Amendment) Rules, 2022 for release of the seized premises
Whether the Court can prescribe a time‑frame for filing and disposal of such a petition

Legislation cited

Bihar Prohibition and Excise Act, 2016 — s. 30(a)

Subjects

seizure
de‑sealing
illicit liquor
Rule 12B
Bihar Prohibition and Excise Act
civil writ jurisdiction
property release

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.19193 of 2025
                 ======================================================
                 Shivkali Devi Wife of Late Chhedi Baitha Resident of Village- Ramnagara,
                 P.S.- Riga, District- Sitamarhi.

                                                                             ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar through the District Magistrate, Sitamarhi.
           2.    The Excise Commissioner, Bihar, Patna.
           3.    The Additional Chief Secretary, Bihar, Patna.
           4.    The Superintendent of Police, Sitamarhi.
           5.    The Sub Inspector Excise, Sitamarhi.
           6.    The A.S.I. cum SHO of Riga Police Station, District- Sitamarhi.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr.Birendra Kumar, Adv.
                 For the Respondent/s   :       Mr.Additional Advocate General (12)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                         and
                         HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

2   12-01-2026            At the outset, the learned counsel for the petitioner seeks

                   permission to make correction in the depiction of police station,

                   in the address mentioned in the cause title. Permission, so

                   sought, is granted. Necessary correction be made during the

                   course of the day.

                   2.     The present writ petition has been filed for de-sealing and

                   release of the seized house of the petitioner, situated at Mauza

                   Shirauli, P.S. Riga, appertaining to Khata No. 1364, Khesra No.

                   8766, 11862, admeasuring 0.02 decimal from which 74 liters of
Patna High Court CWJC No.19193 of 2025(2) dt.12-01-2026
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          illicit liquor was seized, leading to filing of Riga P.S. Case No.

          320 of 2019 under Section 30(a) of the Bihar Prohibition and

          Excise Act, 2016 against the petitioner and his son.

          3.      The learned counsel for the petitioner has, at the outset,

          submitted that the confiscation proceedings have not yet been

          initiated, however the petitioner be granted liberty to file

          appropriate petition under Rule 12B of the Bihar Prohibition

          and Excise (Amendment) Rules, 2022 (hereinafter referred to as

          “the Rules, 2022”) before the learned Collector, Sitamarhi for

          release of the premises in question upon payment of penalty,

          nonetheless a time frame be fixed for the purposes of disposal of

          such petition.

          4.      The learned counsel for the Respondent-State has got no

          objection to the aforesaid submission advanced by the learned

          counsel for the petitioner.

          5.      Having regard to the facts and circumstances of the case,

          we deem it fit and proper to grant liberty to the petitioner to file

          appropriate petition for release of the premises in question under

          Rule 12B of the Rules, 2022 and in case such a petition is filed

          within a period of two weeks from today, the learned Collector,

          Sitamarhi shall dispose off the same, by passing a reasoned and

          a speaking order, in accordance with law, within a period of four
         Patna High Court CWJC No.19193 of 2025(2) dt.12-01-2026
                                                    3/3




                   weeks, thereafter.

                   6.      Accordingly, the present writ petition stands disposed off

                   on the aforesaid terms.


                                          (Mohit Kumar Shah, J)


                                             ( Praveen Kumar, J)

Ajay/-

U

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